STATE OF NEW YORK
________________________________________________________________________
7405--B
2017-2018 Regular Sessions
IN ASSEMBLY
April 25, 2017
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the navigation law, in relation to adding the United
States sailing association to those allowed to give boating safety
courses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 7 of section 45 of the naviga-
2 tion law, as amended by chapter 236 of the laws of 1997, is amended to
3 read as follows:
4 (c) When a person is convicted pursuant to this article the court may,
5 in any case before the court, and shall when the convicted person is
6 subject to a suspension pursuant to this subdivision, in addition to any
7 other penalties invoked under this article, require the convicted
8 person, as a condition of the sentence, to complete a boating safety
9 course of the state, U.S. Power Squadrons, [or] U.S. Coast Guard Auxil-
10 iary, or a powerboating course or courses offered by the United States
11 sailing association which are approved by the commissioner and show
12 proof of successful completion of such course to the court or its desig-
13 nee.
14 § 2. Paragraph a and subparagraph (i) of paragraph b of subdivision 1
15 of section 49 of the navigation law, paragraph a as amended and subpara-
16 graph (i) of paragraph b as added by chapter 361 of the laws of 2013,
17 are amended to read as follows:
18 a. the operator is at least ten years old and is the holder of a boat-
19 ing safety certificate issued to him or her by the commissioner, the
20 United States Power Squadrons [or], the United States coast guard auxil-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10237-09-7
A. 7405--B 2
1 iary or the United States sailing association for a powerboating course
2 or courses which are approved by the commissioner; or
3 (i) the holder of a boating safety certificate issued to him or her by
4 the commissioner, the United States Power Squadrons [or], the United
5 States coast guard auxiliary or the United States sailing association
6 for a powerboating course or courses which are approved by the commis-
7 sioner, or
8 § 3. Subdivision 1-a of section 49 of the navigation law, as added by
9 chapter 138 of the laws of 1998, paragraphs a, b, c and d as amended by
10 chapter 248 of the laws of 2005, is amended to read as follows:
11 1-a. a. No person shall operate a personal watercraft or specialty
12 prop-craft upon the navigable waters of the state or any tidewaters
13 bordering on or lying within the boundaries of Nassau and Suffolk coun-
14 ties unless the operator is fourteen years of age or older and the hold-
15 er of, or is accompanied by a person over eighteen years of age who is
16 the holder of a boating safety certificate issued by the commissioner,
17 the United States power squadrons, the United States coast guard auxil-
18 iary, the United States sailing association for a powerboating course or
19 courses which are approved by the commissioner, or other state or
20 government, as a result of completing a course approved by the commis-
21 sioner.
22 b. No person who is the owner of a personal watercraft or specialty
23 prop-craft shall knowingly authorize or permit the operation thereof on
24 the navigable waters of the state or any tidewaters bordering on or
25 lying within the boundaries of Nassau or Suffolk counties unless the
26 operator is fourteen years of age or older and the holder of, or is
27 accompanied by a person over eighteen years of age who is the holder of
28 a boating safety certificate issued by the commissioner, the United
29 States power squadrons, United States coast guard auxiliary, the United
30 States sailing association for a powerboating course or courses which
31 are approved by the commissioner, or other state or government, as a
32 result of completing a course approved by the commissioner.
33 c. For the purposes of this subdivision "accompanied" shall mean upon
34 the vessel. [Provided, however, that until January first, two thousand
35 nine, in relation to a person less than fourteen years of age who is the
36 holder of a boating safety certificate issued by the commissioner, the
37 United States power squadrons, United States coast guard auxiliary or
38 other state or government, accompanied shall also mean within view and
39 not more than five hundred feet from a person aboard a vessel or
40 personal watercraft, who is over eighteen years of age and the holder of
41 a boating safety certificate issued by the commissioner, the United
42 States power squadrons, United States coast guard auxiliary or other
43 state or government, as a result of completing a course approved by the
44 commissioner.]
45 d. The provisions of this subdivision shall not apply to persons:
46 certified by the commissioner as boating safety instructors; members of
47 the United States power squadrons; members of the United States coast
48 guard auxiliary; holders of public vessel licenses pursuant to section
49 sixty-four of this article; police officers acting pursuant to assigned
50 duties; peace officers acting pursuant to assigned duties; lifeguards
51 acting pursuant to assigned duties; fire and rescue personnel acting
52 pursuant to assigned duties; and persons licensed to operate vessels by
53 the United States coast guard or the Canadian coast guard. The commis-
54 sioner by rule and regulation may provide for the exemption of addi-
55 tional persons not listed in this paragraph from the requirements of
56 this section.
A. 7405--B 3
1 § 4. Paragraph b and subparagraph (i) of paragraph c of subdivision 3
2 of section 49 of the navigation law, as added by chapter 361 of the laws
3 of 2013, are amended to read as follows:
4 b. the operator is born on or after May first, nineteen hundred nine-
5 ty-six, is at least ten years of age and is the holder of a boating
6 safety certificate issued to him or her by the commissioner, the United
7 States Power Squadrons [or], the United States coast guard auxiliary, or
8 the United States sailing association for a powerboating course or
9 courses which are approved by the commissioner, or
10 (i) the holder of a boating safety certificate issued to him or her by
11 the commissioner, the United States Power Squadrons [or], the United
12 States coast guard auxiliary, or the United States sailing association
13 for a powerboating course or courses which are approved by the commis-
14 sioner, or
15 § 5. Subdivision 13 of section 49-a of the navigation law, as added by
16 chapter 805 of the laws of 1992, is amended to read as follows:
17 13. Boating safety course. Upon the conviction of any subdivision of
18 this section, the court shall, in addition to any other penalties
19 invoked under this section, require the convicted person, as a condition
20 of the sentence, to complete a boating safety course of the state, U.S.
21 Power Squadrons [or], U.S. Coast Guard Auxiliary or a powerboating
22 course or courses offered by the United States sailing association which
23 are approved by the commissioner and show proof of successful completion
24 of such course to the court or its designee.
25 § 6. Subdivision 1 of section 79 of the navigation law, as amended by
26 chapter 361 of the laws of 2013, is amended to read as follows:
27 1. For the purpose of giving such courses of instruction and awarding
28 boating safety certificates, the commissioner may designate as his or
29 her agent any person the commissioner deems qualified to act in such
30 capacity, including, but not limited to, certified instructors of the
31 United States coast guard auxiliary, United States power squadrons, the
32 United States sailing association for a powerboating course or courses
33 which are approved by the commissioner, American power boat association,
34 boy scouts of America, Red Cross and other organizations. No charge
35 whatsoever shall be made to any person less than eighteen years of age
36 for the issuance of a boating safety certificate. Persons less than
37 eighteen years of age may be charged a fee for instruction in boating
38 safety, except that the office may not charge a fee when providing such
39 instruction to persons less than eighteen years of age.
40 § 7. Subdivision (c) of section 103 of the navigation law, as added by
41 chapter 420 of the laws of 1995, is amended to read as follows:
42 (c) When a person is convicted pursuant to this article and is subject
43 to a suspension pursuant to this subdivision, the court shall, in addi-
44 tion to any other penalties invoked under this article, require the
45 convicted person, as a condition of the sentence, to complete a boating
46 safety course of the state, U.S. Power Squadrons, [or] U.S. Coast Guard
47 Auxiliary, or a powerboating course or courses offered by the United
48 States sailing association which are approved by the commissioner and
49 show proof of successful completion of such course to the court or its
50 designee.
51 § 8. This act shall take effect immediately.
